1. Mr. Joshi, learned advocate for the petitioners has submitted that though considerable time has passed, competent authority has not decided petitioners' representation despite the direction vide order dated 14.6.2011 passed in SCA No.6939 of 2011. He further submitted that it is for the said limited purpose that the petitioners have been constrained to prefer present petition. Mr. Joshi, learned advocate for the petitioners has also submitted that the representation made by other persons, who, according to the petitioners, are similarly placed, have been decided by the competent authority however petitioners' representation has yet not been decided.
2. It is noticed on perusal of the order dated 14.6.2011 and particularly paragraph No.3 of the said order that the Court after considering submissions of the learned advocate for the petitioner made observation in paragraph No. 3 that:-
3. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:-
Respondent No.2 is directed to consider and decide the earlier representations made by the petitioner, including the representation dated 28.02.2011, within a period of three months from the date of receipt of a copy of this order.
It is clarified that while passing this order, the Court has not entered into the merits of the case.
3. The respondent authority has not acted in accordance with or in compliance of the observation made by the Court in paragraph No.3 of the order dated 14.6.2011. Therefore present petition is disposed of with the observation that the competent authority must act in compliance of the said order dated 14.6.2011, particularly the observation made in paragraph No.3 of the said order. By said order the Court has observed that appropriate decision on petitioners' representation may be taken within period of three months. More than 10 months have passed however any decision does not appear to have been taken and in any case it has not been conveyed to the petitioners. Therefore, the respondent authority would do well in taking immediate action and deciding the representation made by the petitioners as expeditiously as possible but not later than 5.5.2012, in accordance with law and applicable Rules.
With the aforesaid clarification the petition stands disposed of accordingly.
(K.M.THAKER,J.) Suresh* Top